Unmarried Unmarried Fathers and Fathers and

Rights on BirthRights on BirthGender and Parenting Culture: Intensive Gender and Parenting Culture: Intensive

Fatherhood? Fatherhood? Cambridge University, Cambridge University, 3 April 20093 April 2009

Sally SheldonSally Sheldons.sheldon@kent.ac.uks.sheldon@kent.ac.uk

Birth Registration – the Birth Registration – the Current LawCurrent Law

Married Parents: share obligation to Married Parents: share obligation to be registered. Birth can be registered be registered. Birth can be registered by one parent alone.by one parent alone.

Unmarried Parents: mother must Unmarried Parents: mother must register birth, father can only be register birth, father can only be named if both parents consent (and named if both parents consent (and both must attend to register or father both must attend to register or father must sign a statutory declaration)must sign a statutory declaration)

‘‘The Problem’The Problem’

43% children born in 2005, were born 43% children born in 2005, were born to unmarried parents. to unmarried parents.

The father is not named in 7% of all The father is not named in 7% of all birth registrations (16% of non-marital birth registrations (16% of non-marital births). births).

45,000 children each year have no 45,000 children each year have no father named on their birth certificate.father named on their birth certificate.

‘‘The Problem’The Problem’

Further, according to DWP (2008):Further, according to DWP (2008): Children whose fathers are not actively Children whose fathers are not actively

involved in their upbringing are involved in their upbringing are disadvantaged across a range of indicators.disadvantaged across a range of indicators.

Fathers who are named on the birth Fathers who are named on the birth certificate are more likely to become actively certificate are more likely to become actively involved with their children (as well as being involved with their children (as well as being more likely to pay maintenance).more likely to pay maintenance).

Therefore, the SolutionTherefore, the Solution (or at least part of (or at least part of it): to encourage more joint birth it): to encourage more joint birth registrations.registrations.

Characteristics of SBRs?Characteristics of SBRs?Typically: Typically: lone parents (89%) lone parents (89%) little or no connection with the father little or no connection with the father lower level of educational qualificationslower level of educational qualifications younger (39% under 21, median age: 22)younger (39% under 21, median age: 22) strong link with social housing tenurestrong link with social housing tenure strong link with low income/receipt of benefits strong link with low income/receipt of benefits strong link with unplanned and unwelcomed strong link with unplanned and unwelcomed

pregnancypregnancy more likely to live in disadvantaged areamore likely to live in disadvantaged area lower proportions receiving antenatal care lower proportions receiving antenatal care higher rates of smoking higher rates of smoking lower rates of attempting to breastfeed children lower rates of attempting to breastfeed children ignorance of legal consequences of JBR.ignorance of legal consequences of JBR.

Graham et al (2007) Graham et al (2007) Sole and Joint Birth Registration Sole and Joint Birth Registration (DWP, (DWP, No 463).No 463).

Proposed Reform: new S. 2B, Birth Proposed Reform: new S. 2B, Birth & Deaths Registration Act (1953)& Deaths Registration Act (1953)

Unmarried mother must provide information Unmarried mother must provide information regarding the father, except where she makes regarding the father, except where she makes a declaration that: a declaration that:

(a)  child is legally fatherless (i.e. AID conception)(a)  child is legally fatherless (i.e. AID conception)

(b)  father has died,(b)  father has died,

(c)   father’s identity unknown,(c)   father’s identity unknown,

(d)  father’s whereabouts unknown,(d)  father’s whereabouts unknown,

(e)  father lacks capacity (within the MCA 2005) (e)  father lacks capacity (within the MCA 2005)

(f)  she has reason to fear for her safety or that of the (f)  she has reason to fear for her safety or that of the child if the father is contacted in relation to the child if the father is contacted in relation to the registration of the birth ...registration of the birth ...

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to promote child At the heart of our reforms is a desire to promote child welfare and the right of every child to know who his welfare and the right of every child to know who his or her parents are. In most cases, a child’s right to be or her parents are. In most cases, a child’s right to be acknowledged and cared for by his or her father acknowledged and cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that fatherhood as paramount and people are clear that fatherhood as well as motherhood always comes with rights as well well as motherhood always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to At the heart of our reforms is a desire to promote child promote child welfare welfare and the right of every child to know who his and the right of every child to know who his or her parents are. In most cases, a child’s right to be or her parents are. In most cases, a child’s right to be acknowledged and cared for by his or her father acknowledged and cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that fatherhood as paramount and people are clear that fatherhood as well as motherhood always comes with rights as well well as motherhood always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to At the heart of our reforms is a desire to promote promote child child welfarewelfare andand the right of every child to know who his the right of every child to know who his or her parents areor her parents are. In most cases, a child’s right to be . In most cases, a child’s right to be acknowledged and cared for by his or her father acknowledged and cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that fatherhood as paramount and people are clear that fatherhood as well as motherhood always comes with rights as well well as motherhood always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to promote child At the heart of our reforms is a desire to promote child welfare and the right of every child to know who his welfare and the right of every child to know who his or her parents are. In most cases, or her parents are. In most cases, a child’s right to be a child’s right to be acknowledged acknowledged and cared forand cared for by his or her father by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that fatherhood as paramount and people are clear that fatherhood as well as motherhood always comes with rights as well well as motherhood always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to promote child At the heart of our reforms is a desire to promote child welfare and the right of every child to know who his welfare and the right of every child to know who his or her parents are. In most cases, or her parents are. In most cases, a child’s right to a child’s right to be be acknowledgedacknowledged andand cared for by his or her father cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that fatherhood as paramount and people are clear that fatherhood as well as motherhood always comes with rights as well well as motherhood always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to promote child At the heart of our reforms is a desire to promote child welfare and the right of every child to know who his welfare and the right of every child to know who his or her parents are. In most casesor her parents are. In most cases, a child’s right , a child’s right to be to be acknowledged and cared for by his or her fatheracknowledged and cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parentsthe parents. To support this right we will ensure that . To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that fatherhood as paramount and people are clear that fatherhood as well as motherhood always comes with rights as well well as motherhood always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to promote child At the heart of our reforms is a desire to promote child welfare and the right of every child to know who his welfare and the right of every child to know who his or her parents are. In most cases, a child’s right to be or her parents are. In most cases, a child’s right to be acknowledged and cared for by his or her father acknowledged and cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstaclesobstacles. We intend that JBR should play a key part . We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that fatherhood as paramount and people are clear that fatherhood as well as motherhood always comes with rights as well well as motherhood always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to promote child At the heart of our reforms is a desire to promote child welfare and the right of every child to know who his welfare and the right of every child to know who his or her parents are. In most cases, a child’s right to be or her parents are. In most cases, a child’s right to be acknowledged and cared for by his or her father acknowledged and cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that paramount and people are clear that fatherhood as fatherhood as well as motherhood well as motherhood always comes with rights as well always comes with rights as well as responsibilities.’ (2008: para 6). as responsibilities.’ (2008: para 6).

Reasons for Reform?Reasons for Reform?

‘‘At the heart of our reforms is a desire to promote child At the heart of our reforms is a desire to promote child welfare and the right of every child to know who his welfare and the right of every child to know who his or her parents are. In most cases, a child’s right to be or her parents are. In most cases, a child’s right to be acknowledged and cared for by his or her father acknowledged and cared for by his or her father should not be dependent on the relationship between should not be dependent on the relationship between the parents. To support this right we will ensure that the parents. To support this right we will ensure that fathers who want to take responsibility for their fathers who want to take responsibility for their children do not have to overcome unnecessary children do not have to overcome unnecessary obstacles. We intend that JBR should play a key part obstacles. We intend that JBR should play a key part in developing the Government’s determination to in developing the Government’s determination to develop a culture in which the welfare of children is develop a culture in which the welfare of children is paramount and people are clear that paramount and people are clear that fatherhood fatherhood as as well as motherhoodwell as motherhood always comes with rights as well always comes with rights as well as responsibilitiesas responsibilities.’ (2008: para 6). .’ (2008: para 6).

Trends in Regulation of Trends in Regulation of FatherhoodFatherhood

Child welfare is always enhanced by presence of Child welfare is always enhanced by presence of father.father.

Child has ‘right to genetic truth’Child has ‘right to genetic truth’ Conflation of children’s/fathers’ rightsConflation of children’s/fathers’ rights Direct relationship between child and father (not Direct relationship between child and father (not

mediated through mother)mediated through mother) Equal treatment of mothers and fathersEqual treatment of mothers and fathers ‘‘Gender convergence’ (fathers as hands on carers)Gender convergence’ (fathers as hands on carers) Equal treatment of married and unmarried fathersEqual treatment of married and unmarried fathers Support for fathers who want to take responsibility Support for fathers who want to take responsibility

A good reform?A good reform?

Likely impact of JBR on parenting? Likely impact of JBR on parenting?

A good reform?A good reform?

Likely impact of JBR on parenting? Likely impact of JBR on parenting? Do fathers and mothers have a right Do fathers and mothers have a right

to equal treatment (and what does to equal treatment (and what does this mean)? this mean)?

A good reform?A good reform?

Likely impact of JBR on parenting? Likely impact of JBR on parenting? Do fathers and mothers have a right Do fathers and mothers have a right

to equal treatment (and what does to equal treatment (and what does this mean)? this mean)?

Meaning of Birth Registration? Meaning of Birth Registration? (Relevance of the genetic link?)(Relevance of the genetic link?)

Unmarried Unmarried Fathers and Fathers and

Rights on BirthRights on BirthGender and Parenting Culture: Intensive Gender and Parenting Culture: Intensive

Fatherhood? Fatherhood? Cambridge University, Cambridge University, 3 April 20093 April 2009

Sally SheldonSally Sheldons.sheldon@kent.ac.uks.sheldon@kent.ac.uk